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Articles Posted in O1 Visas

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President Obama’s executive action announced on November 20, 2014 fell short in many ways than one for many people residing in the United States—both legally and illegally. Though a marginalized few have been allowed to come out of the shadows, some of the world’s best and brightest have been completely ignored by the executive action altogether. The United States would be quite a different place without our hard working immigrant population and without our foreign born innovators, movers, and shakers.

Obama’s announcement on November 20th notably left out any indication that the creation of a more expedient and efficient system would be considered— through which highly skilled and highly capable foreign workers would be able to more easily attain permanent residency and visas. Industry leaders in areas such as the Silicon Valley, seeking to employ such highly skilled and highly capable foreign workers for their startup companies, have expressed their concerns, forming groups such as FWD.us, albeit with the knowledge that Congress must act in order for an all-encompassing solution to be reached.

Though Obama’s speech shed little light on the topic, a memorandum released by the U.S. Department of Homeland Security following the speech is much more informative. The memorandum announces that inventors, researchers, and founders of start-up enterprises who do not qualify for a national interest waiver, but who have been awarded what is considered ‘substantial’ financing by a U.S. investor OR who ‘hold the promise of innovation and job creation through the development of new technologies or the pursuit of cutting edge research’ can attain parole authority under section 212(d)(5) of the INA,6 on a case-by-case basis after being assessed by the DHS. Possessing parole in this situation would authorize extraordinary inventors, researchers, or start-up entrepreneurs to temporarily conduct their research or development of innovative ideas or their business while in the United States.

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The 27th AILA (American Immigration Lawyer Association) California Chapter Conference was held between the 13th and 15th of November 2014 at San Jose, California. Attorney Yingei Zhou, Esq. was in attendance on behalf of our law firm. The conference concentrated on several trending topics such as status of comprehensive immigration reform, consular processing and updates with border posts in Mexico and Canada, driver’s licenses for undocumented workers, unaccompanied alien children (UAC), H-1B/L-1A/O-1/EB-1 adjudications, federal litigation, and advanced family immigration issues, as well as staple subjects like evidentiary issues in removal proceedings and PERM applications.

This article provides you several important updates from the conference addressed at the conference, especially the government open forums with AILA practitioners, USCIS representatives, CBP officers, and San Francisco Asylum officers.

In the following weeks, we will post more articles to address the trends on each specific visa applications and immigration proceedings discussed in the conference.

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Start-up entrepreneurs who wish to come to the U.S. to open a business have several immigration options. It is important that you understand the requirements, benefits, and downsides of each and choose the one that best fits your situation.

B-1 Business Visa

A B-1 business visa is a non-immigrant visa issued to those who wish to enter the United States for a business purposes. You are eligible to apply for a B-1 visa if you want to consult with a business associates, participate in a required medical clerkship without any remuneration, embark on independent research which does not benefit any U.S. institution, or participate in educational, professional scientific or business conventions, seminars, or conferences.

The validity period for this visa will differ depending on your country of origin. If you are seeking entry into the U.S. for business reasons for the first time, you may be allowed to stay in the U.S. for a period of time long enough to enable you conduct your business. However, the maximum period of stay allowed per visit is 6 months. But you can also apply for another six-month extension if you needed. A B-1 visa can be used for multiple entries in so far as it has not expired.

There are certain tasks that you are and are not allowed to do while in the U.S. on a B-1 visa. If you are in the U.S. with a B-1 visa, you are allowed to negotiate business, discuss planned purchases or investment, solicit sales or investment, attend and participate fully in meetings, conduct business research, and interview and hire staff. You are not allowed to look for employment, run a business in the U.S., or to take part in sporting and entertainment events as a professional.

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The O-1 visa is a great option for those who have a demonstrated record of extraordinary achievement in their field. In order to obtain an O-1 visa, one must be an alien with a proven track record of extraordinary ability in the sciences, arts, education, business, or athletics. Proving that you are extraordinary in your field is not always an easy task. However, there are several steps you can take to help ensure that your application for an O-1 visa is approved.

Include all required documentation

First, you need to ensure that you completely and accurately fill out the O-1 visa application, Form I-129. Next, you need to make sure that you include in your application package all of the other required documentation, such as a written advisory opinion from a peer group, a copy of the written contract between you and your employer, and your itinerary. If you accidentally forget to include these documents, you risk having your application delayed or even denied.

Provide sufficient and convincing evidence

The most important step in filing your O-1 visa application, however, is including sufficient and convincing evidence that you are an alien of extraordinary ability in your field. The evidence you include needs to prove that you have received a major, internationally-recognized award or, if you have not done so, you need to prove at least three other listed achievements.

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The O-1 visa is quickly becoming a popular immigration solution for talented entrepreneurs who have already started or are about to start a new business in the United States. Many of Silicon Valley’s top companies owe their creation and success to foreign-born entrepreneurs, including Google, Intel, and Yahoo. In fact, more than 40 percent of American Fortune 500 companies were founded by an immigrant or child of an immigrant.

In order to obtain an O-1 visa, one must show that he or she is an alien of extraordinary ability in the sciences, arts, education, business, or athletics. This visa allows individuals to come to the United States for up to three years, with extensions available after that period has elapsed if the applicant is able to prove that he or she is still outstanding in the field. This is a great option for those in technology-related fields.

The O-1 visa has proven to be a better option for many entrepreneurs than the more popular H-1B visa. This is especially true for those entrepreneurs who do not qualify for the H-1B visa or when the H-1B visa cap has already been met, as there is no cap to the number of O-1 visas granted each year. In addition, unlike most H-1B visas, the O-1 visa does not require a college education. This is an important difference, since there are many young and innovative entrepreneurs who bypassed formal education in order to begin their careers. Another benefit of the O-1 visa over the H-1B visa is that it does not tie the immigrant to any employer or sponsor or have any of the other strict requirements, such as a prevailing wage. An O-1 visa applicant can be sponsored by his or her own U.S. company. This gives the entrepreneur more freedom to conduct their business as they choose, including investing any profits early on back into the business instead of paying themselves the prevailing wage salary. The O-1 visa is also a better option than the E and EB “investor visas” for many entrepreneurs, as the O-1 visa does not require any particular amount of capital to be invested into the business.

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Bill was a world renowned and very accomplished sculptor and 3d artist in his country. In 2009, Bill decided to make his first visit to the United States. It was here, in the land of opportunity, that he was able to develop his craft further and had the unique opportunity to study animation, the marketing of sculptural art, and technologies in film production. Having already been working for a famous television station in his country, it was only fitting for him to expand his studies in these fields. As a professional artist with extraordinary skills, our client was eligible to file an O-1 visa and could very well obtain his permanent residency through this avenue. After seeking legal advice, Bill decided to go forward with the process of applying for an I-129 Petition for an alien with extraordinary abilities in the arts. While his application was pending, Bill decided to visit his aunt and cousins in Los Angeles. It was through his cousin that Bill would meet his future wife, Elizabeth. After various phone calls and emails, the two decided to meet, and it was indeed love at first sight for the pair. The couple found that they shared similar interests, had a similar background, traditions, and customs.

During the following months, the couple went on frequent outings together as well as with their family members. All seemed perfect. Bill was ready to pop the question and did so in a magical way in Laguna Beach, California. Elizabeth’s parents were not only supportive of Bill’s professional work; they welcomed him into their family as a son, and allowed him to live with Elizabeth in their home during their marriage. A few months after marrying, Elizabeth and Bill decided to file for Bill’s Adjustment of Status. Elizabeth was very enthusiastic about petitioning for Bill because she felt the process would be much quicker than that of the I-129 petition that was pending. Bill completely put his trust in Elizabeth and allowed her to take the reins on his adjustment of status application.

During their marriage, Bill began to see that his wife was not the person he believed her to be. She refused to work and would spend her days chatting with friends and playing computer games until the morning hours. He also began to realize that she had no regard for his financial situation and would spend the money he earned from his family and from freelancing, on luxurious items that were unnecessary expenses. A few months later, Bill heard that his father had been diagnosed with cancer and was fighting for his life. About this time, Bill was fortunate enough to have received his permanent resident card, so he was able to travel internationally without preoccupation. Devastated, Bill traveled to his country alone to support his inconsolable mother and help his family financially. Elizabeth had chosen to stay behind with her family. While he was back in his country dealing with the stress surrounding the terminal nature of his father’s condition, Bill began to receive unrealistic and threatening demands from Elizabeth.

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We are very happy to announce that our office has successfully assisted another client in obtaining her O-1 visa status. The petition was approved less than 30 days after its submission and without any request for additional evidence. This article will address our experience in handling this case.

The O-1 visa is a non-immigrant employment-based visa classification for foreign nationals who can demonstrate the sustained national or international acclaim and recognition for extraordinary abilities and achievements in the field of sciences, arts, education, business, or athletics.

Our client, Ms. L, a citizen of Taiwan, is a talented young artist with exceptional abilities and numerous achievements in the field of theatrical lighting design. She recently graduated from a highly selective university in the U.S. where she received a Master’s degree of Fine Arts in Lighting Design. With her F-1 visa expiring soon, she came to our office inquiring about her options of employment-based visas.

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Our Blog readers and Facebook fans often inquire about other temporary work visa options other than the H-1B Visa. This article was prepared by Attorney Yingfei Zhou from our office.

For individuals who possesses extraordinary ability in the field of sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements, we will recommend the O-1 visa.

A job offer from a U.S. employer is a basic requirement for the O-1 visa. The O-1 visa is filed by the employer, along with the evidence of the individual’s extraordinary ability. Different from the H-1B visa, there is no annual limit on the number of people, who can receive O-1 visas, there is no limit on the time we can file the application, and you can work for multiple employers at the same time.

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The O-1 is a good visa option for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics, or with a demonstrated record of extraordinary achievement in the motion picture or television industry who want to come to the U.S. to continue working in the areas of extraordinary abilities. Our office handles a lot of extraordinary ability petitions for scientists in a variety of fields. This article was prepared by attorney Ekaterina Powell from our office.

Dr. Y, a citizen of Ethiopia, came to the U.S. on a J-1 visa as a Research Scholar. For years, she has been engaged in extensive scientific research and has acquired recognition for her achievements in the field of probiotics. With her J-1 status expiring in the coming weeks, Dr. Y received a job offer from an established biotech company specializing in the development and commercialization of probiotic dietary supplements. In the proposed research position within the organization, Dr. Y could continue her innovative research for the development of probiotic supplements as an alternative treatment for kidney failure, as immune system optimization, and for prevention of many diseases.

Dr. Y came to our office inquiring about her options to stay in the U.S. and work for the biotech company. With no more H-1B visas available, the best option for Dr. Y was applying for an O-1 visa. With only a few weeks left to prepare the O-1 petition, Dr. Y was very worried at first that there was not enough time to get everything ready. We assured Dr. Y that with her cooperation in gathering the documents, we would do whatever it takes to prepare a strong case and file it within the deadline, and we were successful in doing so.

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This is a great information article provided by AILA and we wanted to share this with our Blog Readers.

One of the challenges in preparing an O-1 petition is obtaining three years of status for the beneficiary. This is particularly true for artists whose cases require an itinerary that projects three years into the future. Often the artist might have only a few confirmed gigs covering just a short period of time. In such a case, how can you obtain a full three-year period? This practice pointer will focus on proving future engagements and activities to qualify for the three-year maximum duration of an O-1 petition.

Petitioner

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